We are interested in pursuing a case: Hotelier v. TripAdvisor.com, however the big stumbling block is their ability to claim immunity under Section 230 of the CDA. As I understand it, we must prove that TripAdvisor.com is acting as an 'Information Content Provider' in order to exempt them from immunity regarding our suit.
Since, the dominant interpretation of the statute it so long as any third party information content provider is responsible in part for the content's development (even 0.1%), the interactive content service isn't liable for it. This means that the interactive content service could have a great deal of involvement in the content but still avoid liability. Is the law still being read this way???
What's happened to us is that Tripadvisor.com has allowed a member to post defaming content about the resort's owner. In the past, i.e. a year or so ago, we would show Tripadvisor.com how a review has violated their guidelines and they would take it down. However something has changed regarding their protocols for removing inappropriate reviews and they refuse to take down this obviously inappropriate review.
Any help you can offer would be appreciated.
